SANJAY SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PRAYER in these writ applications as made by the petitioners is for a direction to the respondent SAIL to grant the scale of pay of Rs. 3100-5150/- in the E-II Grade of officers to the petitioners from the date the petitioners were appointed to the post of Safety inspectors/safety Officers under the respondent Bokaro Steel Plant, Bokaro Steel city, Bokaro (BSL ).

(2.) FACTS of the petitioners' case in brief is that the State Government by notification dated february 13, 1989 (Annexure-5) had notified 26 posts of Safety Officers in the Respondent bokaro Steel Plant (BSL ). The decision of the state Government was communicated by the chief Inspector of Factories to the Management of the Bokaro Steel Plant (BSL ). While doing so, the Chief Inspector of Factories, in exercise of its power under Rule 62b (2) of the Bihar factories Rules, 1950 had also intimated that relaxation in the qualification of requisite experience would also be granted to deserving candidates who were found professionally competent. A direction was issued by the Chief inspector of Factories to the Management of the bokaro Steel Plant (BSL) to submit applications for grant of exemption and also to obtain the exemption before making appointment of Safely Officers. In response, the respondent BSL invited names of eligible candidates from the employment Exchange. The process of selection for appointment of Safety Officers was undertaken and completed and after approval of the names by the Chief Inspector of factories in terms of the provisions of Rule 62b (2) of the Bihar Factories Rules, appointment of four of the present petitioners as safety officers under the BSL was made. Subsequently, by adopting the same procedure, five other petitioners were also appointed on the post of Safety Officers.

(3.) AFTER their appointment, a question arose as to whether the Safety Officers appointed under the BSL hold the requisite qualifications. The matter was taken up in a writ application vide C. W. J. C. No. 152/1994 (R)before the Patna High Court, Ranchi Bench. The Court obtained a report of inquiry from the chief Inspector of Factories on this issue. The report submitted by the Chief Inspector of factories confirmed that the petitioners are qualified Safety Officers. In respect of the petitioners named at Sl. No. 29 to 39 of the report, it was stated that they have passed diploma in Industrial Safety which is recognized by the State Government. They were thereafter designated as Safety Inspectors under the BSL.